Mouna Apperson, f/k/a Nicholas Apperson, Appellant, vs. Natasha Kaminsky, et al., Respondents.

MOUNA APPERSON, F/K/A NICHOLAS ) No. ED112529 APPERSON, ) ) Appeal from the Circuit Court of Appellant, ) St. Louis County ) vs. ) ) Honorable David L. Vincent III NATASHA KAMINSKY, ET AL., ) ) Respondents. ) Filed: January 28, 2025

Introduction

Mouna Apperson ("Apperson") appeals the trial court's judgment granting Respondents Natasha Kaminsky ("Kaminsky") and Adriane Norman's ("Norman") motions for directed verdict on Apperson's defamation claims. In Points I and II, Apperson argues the trial court erred in granting Kaminsky and Norman's respective motions for directed verdict because Apperson made a submissible case in which a reasonable jury could have found Apperson suffered damage to his reputation. Point III contends the trial court erred in granting Norman's motion for directed verdict because Apperson made a submissible case in which a reasonable jury could have found Kaminsky was acting as Norman's agent because Norman publicly stated that Kaminsky was "working on my behalf[.]" As to Points I and II, this Court holds Apperson failed to make a submissible case for his defamation claims because the only evidence presented to support the conclusion he had suffered

2 reputational harm was his own testimony. Regarding Point III, this Court holds Apperson failed to demonstrate a principal-agent relationship existed between Kaminsky and Norman through a single social media post. Accordingly, the trial court's judgment is affirmed.

Background Apperson dated Kaminsky from 2012 to 2013 and Norman from 2016 to 2017. On June 28, 2023, Apperson filed a second amended petition against Kaminsky and Norman alleging the following defamation claims: Count I – claim against Kaminsky for stating Apperson is a "rapist." Count II – claim against Kaminsky for stating Apperson is a "serial rapist." Count III – claim against Kaminsky for stating Apperson is a "serial abuser." Count IV – claim against Norman for stating Apperson is a "rapist." Count V – claim against Norman for designating Kaminsky to serve as her "authorized agent" in making statements that Apperson is a "rapist."

Count VI – claim against Norman for designating Kaminsky to serve as her "authorized agent" in making statements that Apperson is a "serial rapist."

Count VII – claim against Norman for designating Kaminsky to serve as her "authorized agent" in making statements that Apperson is a "serial abuser."

Count VIII – claim against [R.B.] for stating Apperson is a "rapist" and "abuser." 1

Count IX – claim against Norman and Kaminsky alleging Kaminsky served as Norman's "authorized agent" in sending an individual a message stating Apperson "used to brag to me about having their wealth in bitcoin[,] and that makes sense because they keep getting charged with tax evasion. [I]f they have wealth[,] it is through illegal means which is to say they are hiding wealth from the government."

Count X – claim against Kaminsky for knowing her request for a full order of protection against Apperson was denied, but still telling an individual Apperson "knows he's not allowed to come within 500 feet of me."

1 Apperson made no argument related to Count VIII because R.B. was dismissed as a defendant in the underlying action.

3

Count XI – claim against Kaminsky for sending a message to an individual stating Apperson "threatened to kill [her] and [another person]."

Count XII – claim against Kaminsky that she falsely made a statement on social media that Apperson actively stalked her following the end of their relationship.

On January 17, 2024, a three-day trial commenced. Apperson, Kaminsky, and Norman 2

were the only witnesses that testified at trial. A. Apperson's Testimony Apperson testified he met Kaminsky in the fall of 2012 on OkCupid, a dating app, and dated for approximately a year. He stated they were sexually active only once, on her birthday. During their relationship, Apperson denied ever having sexual intercourse with Kaminsky without her consent, and the first time he heard about her being raped was through a social media post. In late November of 2017, Apperson was served with a petition wherein Kaminsky sought an order of protection against him for stalking her from 2013 to 2017. A hearing was held whereby both Kaminsky and Apperson appeared. After the hearing, the court denied Kaminsky's request for an order of protection against Apperson. Apperson further testified at trial he became aware Kaminsky had made the following series of Facebook posts: November 14, 2017: "Nick Apperson, the owner of Radix House 3 is run by a serial abuser and rapist of women."

November 30, 2017: "Nick Apperson, the owner of Radix House, is a serial abuser and rapist."

December 1, 2017: "[T]heir greatest asset is that house. [I]f they have wealth[,] it is through illegal means[,] which is to say they are hiding wealth from the

2 We acknowledge Kaminsky and Norman gave extensive testimony regarding their relationship with Apperson. However, for purposes of this appeal, we only set forth the facts relevant to this appeal. 3 Apperson bought Radix House in 2015 and lived there with several roommates. Radix House was set up to a be place for people who were passionate about human rights and other types of activism to live in.

4 government and that makes sense because they keep getting charged with tax evasion."

December 6, 2017: "Maybe you didn't know then[,] but you know now: [N]ick [A]pperson is a serial abuser and rapist of women."

Apperson testified his reputation had been harmed by Kaminsky. Specifically, he recounted an incident that occurred on November 16, 2017 at his house when his roommates and four other individuals confronted him about the allegations made against him. Apperson acknowledged he made the following statements at the meeting: if Kaminsky felt pressured to have sex with him, it was true; his understanding of consent had changed after his relationship with Kaminsky; and he had pressured her into a situation and he was sorry for it. Later, Apperson testified he made those statements to deescalate the situation because he was scared for his life and was saying anything to get out of the house. He stated one of his roommates told him to leave and threatened him while brandishing a gun. When he left his house, Apperson did not call the police or tell anybody he had been threatened with a gun, except for his partner at the time. He ultimately decided to leave his house for seven months. He stated he left out of his own volition and attempted to eject his roommates from the house. Additionally, as an employee at a technology startup, LockerDome, Apperson leased a space at T-Rex, a co-working space for startups. He asserted his lease at T-Rex was terminated after Kaminsky sent an email to the president and executive director stating: "I was raped and abused by Nick Apperson who is renting office space at your organization." Despite other co- working spaces being available in the area, Apperson admitted he did not seek to lease another working space because the "start-up scene isn't huge, so there would be the same people who would have heard those lies. They would be in that same ecosystem." Apperson acknowledged he

5 continued to attend events related to his work, such as Venture Start-up Café, and did not lose his job at LockerDome as a result of any of the statements made by Kaminsky. Apperson further testified people's actions towards him in public ranged from giving him "odd dirty looks" to "aggressively yelling" at him. As an example, he stated he could not go to his local coffee shop because someone had once approached him and told him "you're a dangerous person, you're a serial rapist." He also stated he lost a speaking engagement opportunity regarding domestic violence with the Missouri Office of Prosecuting Services due to the allegation he was a rapist. And, his relationship with his girlfriend turned hostile after "she believed the lies." Aside from the aforementioned domestic violence speaking engagement, he stated no one had explicitly told him he could no longer participate in local community events. Regarding the statement about tax evasion, Apperson admitted he did not suffer any harm related to that statement alone. Instead, he considered all the statements working together. Apperson began dating Norman in April of 2016. He testified, during their relationship, Norman sent him the following text message: "I would like an apology for cumming in me without asking me, dismissing my concern after -- when I was worried because I was fertile." Apperson responded: "I'm happy to give another one. I don't want to have this conversation over text though." Apperson acknowledged he apologized via text message for ejaculating inside Norman without her consent, but denied actually ejaculating inside her without her consent. Apperson denied being a rapist, serial rapist, and tax evader; threatening to kill Kaminsky or Norman; ejaculating inside Respondents without their consent; being charged with a sex crime, tax evasion, or any crime other than a traffic violation; and any order of protection being entered

6 against him in 2018. He maintained he was falsely accused of rape and had not been able to repair his reputation due to the statements made by Kaminsky and Norman. B. Kaminsky's Testimony Kaminsky testified she dated Apperson for roughly a year and characterized their relationship as "complicated." Kaminsky explained, throughout their relationship, Apperson had sex with her without her consent, had sex with her after she asked him to "stop," and coerced her into having sex. Kaminsky also recounted her application for a protective order against Apperson in 2017. Kaminsky acknowledged that even though the order of protection was denied, she told an acquaintance Apperson was aware he was not allowed to come within 500 feet of her. After the order of protection hearing, Kaminsky posted on Facebook that "Nick Apperson, the [owner] of Radix house, is a serial abuser and rapist." She also posted the following statement: "Radix house is owned and run by a serial abuser and rapist of women." Additionally, Kaminsky told someone living in Radix House that, if Apperson had wealth, it was obtained "through illegal means" and he was "hiding wealth from the government." Kaminsky admitted she now knew Apperson had not been charged with tax evasion and claimed the statement was based on "a case.net entry about a tax issue." Throughout 2018, along with verbal statements she made to others, Kaminsky continued to post on Facebook that Apperson was a rapist, a serial rapist, and a serial abuser. In 2019, Kaminsky made another post on Facebook saying she was "actively being stalked by Apperson through 2017" and "decided to speak up about being stalked and the pattern of abuse." Kaminsky also sent an email to the head of T-Rex stating she was "raped and abused by Nick Apperson who

7 is renting office space at your organization." When asked whether she wanted T-Rex to kick Apperson out of his space and interfere with his business, Kaminsky responded, "not necessarily." During her testimony, Kaminsky conceded that publicly stating somebody is a rapist, a serial rapist, a stalker, and a tax evader "damages that person's reputation." Kaminsky acknowledged Apperson was banned from c